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(영문) 수원지방법원 성남지원 2017.11.09 2017고단2352
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2017, the Defendant was under the influence of 0.144% of alcohol concentration in the blood transfusion around 12:5 on August 11, 2017, and the Defendant was driving a B Sspo-type car at around the 0.144% of alcohol concentration in the blood, and was driving a B Spo-type car at the speed of about 60km in the speed of the city at a speed of about 60km in the direction of the city-stimulging distance from the city-stimulging distance.

There are six lanes, and there is an intersection where signal lights are installed on the front side, so in such a case, there was a duty of care to reduce speed and safely proceed with the front, rear and right and the right and the right of the driver of the vehicle in order to prevent the accident in advance.

Nevertheless, the Defendant neglected to stop that, by negligence, led the victim D(40) who was standing in the signal atmosphere at the front of the road, and brought down the part of the Defendant’s vehicle behind the rocketing car, which was driven by the victim D(40).

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., which requires approximately two weeks medical treatment, to the victim.

2. On August 11, 2017, the Defendant was under the influence of alcohol concentration of 0.144% during blood transfusion around 12:5 on August 11, 2017, the Defendant driven the said SP car at a section of approximately 90km from the roads near the Gangwon-gu Seoul Special Metropolitan City, Gangwon-do to the roads in front of the Gyeonggi-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Inquiry into the results of crackdown on driving alcohol and investigation report (No. 10 No. 5 of the evidence list);

1. A medical certificate;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the imprisonment.

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